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KEY ISSUES OF ADMINISTRATIVE LAW IMPROVEMENT: NATIONAL AND FOREIGN EXPERIENCE.

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Administrative law is a field of law.  It includes a set of legal norms that regulate social relations that arise in the process of state administration, that is, in the implementation of executive and command activities. This article provides information on current issues of improving administrative law and foreign and national experiences.


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NATIONAL AND FOREIGN EXPERIENCE.

Nurullaeva Laylo Khairulloyevna

Tashkent State Agrarian University

Course "jurisprudence" 1st year student

[Mobil:+998942000921.E-mail:laylonur77@gmail.com].

Abstract: Administrative law is a field of law. It includes a set of legal norms that regulate social relations that arise in the process of state administration, that is, in the implementation of executive and command activities. This article provides information on current issues of improving administrative law and foreign and national experiences.

Key words: “Administrative law”, management, economic, social, preference, administrative law.

The term “administrative law” is derived from the Latin word “administratio” which means “management right”. Therefore, before revealing the essence of “Administrative Law”, it is necessary to understand the concepts of “management”, “state management”. The variety of types of management activities is the main factor that requires the large-scale and multi-disciplinary nature of Administrative Law. The norms of administrative law determine the authority of all executive authorities and determine the procedure for establishing, reorganizing and liquidating state administrative bodies. They strengthen the rights and obligations of citizens in the field of public administration, establish uniform rules for the activities of executive authorities and the behavior of officials, consider the administrative responsibility for violations and the procedure for its application.

The norms of administrative law are implemented within the framework of administrative legal relations between participants of various administrative legal relations. In the Republic of Uzbekistan, the President of the Republic, state management bodies at all levels, civil servants, non-governmental noncommercial organizations, individuals (citizens of the Republic of Uzbekistan, citizens of foreign countries and stateless persons) are among the participants of administrative legal relations.

The administrative legal system of the Republic of Uzbekistan consists of general and special parts. The norms of the general part strengthen the basic principles of state administration, the legal status of subjects of administrative law, the legal forms and methods of managing the foundations of public service, the methods and procedures for ensuring legality and institutionalization in the state administration system. Special clothing is dedicated to the norms that reflect the specific aspects of social relations in various branches and spheres of state administration. It describes the norms of management in the field of economic, socio-cultural and administrative-political activities. Among them are also the norms that regulate cross-industry government.

In particular, the activities of 50 state management bodies were analyzed. For example, the effectiveness of state management in the field of road management, housing and communal services, forestry, tourism, nature protection, public-private partnership and pharmaceuticals was studied and identified systematic Proposals for solving problems and shortcomings were developed and presented to relevant bodies. As a result of the studies, it was found that there are a total of 48 overlapping functions in the activities of 25 state management bodies, and the addition of 50 functions of economic entities by 36 state management bodies hinders a healthy competitive environment.

In order to eliminate these problems, the regulatory functions of 28 economic management bodies were transferred to the relevant state bodies taking into account their characteristics and presented to the economic management bodies. An analysis was conducted from the point of view of canceling all individual benefits and preferences that are not in accordance with the legislation “On Competition”.

According to the results of the analysis, the draft of the decision of the President of the Republic of Uzbekistan “On the first priority measures to fundamentally improve the management system of separate branches and sectors of the economy” was developed. In addition, the Ministry analyzed the practice of providing concessions and preferences to business entities and their effectiveness.

Regulatory legal acts issued by various state bodies serve as a form of statement of administrative law and its sources. Most of the existing norms in the Constitution of the Republic of Uzbekistan are among the most important norms that have a direct administrative legal direction. These are, for example, the constitutional norms that determine the basis of the formation and operation of executive authorities and strengthen the rights and freedoms of citizens in the state administration system. The main norms of administrative law are expressed in the laws of the Cabinet of Ministers of the Republic of Uzbekistan on education, defense, local state power, sanitary control and others.

Many decisions of the President of the Republic of Uzbekistan on the creation, reorganization and termination of state administrative bodies, as well as on the improvement of management systems in the economic, social-cultural, administrativepolitical construction and other sectors, serve as sources of administrative law.

Administrative law is of great importance in improving the structure of the executive power, in creating the legal foundations of public service, in regulating the market economy, and in ensuring that the legal rights and interests of citizens and business systems are strictly protected.

The process of improvement of the norms of administrative law is going in 2 directions in executive authorities. On the part of the Ministry, by delimiting the powers between the central and local bodies of the executive power, and on the other hand, by ensuring uniformity in determining the legal status of the same type of public administration bodies and raising the level of management in various spheres of state and social life. Is increasing.

In the context of the transition to the market mechanism of managing economic relations, the norms of Administrative Law provide for the introduction of new economic management factors (licensing, quota setting, taxation and collection). The administrative and legal provision of the market economy is aimed at forecasting and programmatic management of the development of the economic and social spheres, development and implementation of a system of activities related to state support of the scientific and technical potential of Uzbekistan, effective management of state property and stimulation of entrepreneurship.

References:

1.F.R. Samig`janov. G` T. Hakimov. “Administrative Law”. Tashkent. 2009

2. J. Yaqubov. E. Hayitboyev. “Jurisprudence”. New century generation. 2006

3. ET Khojiyev. G` T. Hakimov. “Administrative Law”. Tashkent. 2011

4.Constitution of the Republic of Uzbekistan. 2012. Tashkent. Publishing House of Uzbekistan.

5..Bakhrakh D.N., Rossinsky B.V., Starilov Yu.N. Administrative law. – M.: Norma,2004. – C.105

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